Puno, Verzosa, Moreno Spared

MANILA, Philippines — Interior and Local Government Undersecretary Rico Puno, former Philippine National Police chief Jesus Verzosa, and Manila Vice Mayor Isko Moreno have been spared by President Benigno S. Aquino III from any administrative or criminal prosecution in connection with the tragic hostage-taking in Manila last August 23.

Only Senior Police Officer 2 Gregorio Mendoza, the brother of the slain hostage-taker, will face criminal charges for the incident, the President said on Monday.

In an apparent downgrade of the charges recommended by a government panel on the hostage fiasco, the President merely endorsed the filing of administrative charges against seven government officials, including Manila Mayor Alfredo S. Lim, for their involvement in the hostage fiasco.

President Aquino left to the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) or the appropriate watchdog to consider possible sanctions against three journalists and three media networks for violations of ethics.

The filing of charges against eight individuals were among the action plan revealed by President Aquino based on the review made by Executive Secretary Paquito Ochoa Jr. and Chief Presidential Legal Counsel Eduardo de Mesa of the recommendations of the Incident Investigation and Review Committee (IIRC) into the hostage crisis.

“I pledged from the very start that there would be accountability. The purpose of the review was to find the viable legal actions which can be taken against the concerned parties,” the President said in a press conference in the Palace.

President Aquino, who upheld the Palace legal review on the IIRC report, said he is confident the charges against the concerned individuals would prosper in court and that his action plan would be acceptable to the people of the country and China.

In the case of Mendoza , the President said he has directed the Department of Justice to hasten the resolution of the serious disobedience and conspiracy in illegal detention cases currently lodged against the brother of the hostage-taker Rolando Mendoza.

The Manila Police District (MPD) was also ordered to file appropriate complaints against Mendoza for illegal possession of firearms and serious illegal detention as an accomplice of the hostage-taker. The IIRC did not include Mendoza in the recommended charge sheet in connection with the hostage tragedy.

The President also ordered the initiation of administrative proceedings against Mayor Lim for misconduct in office and simple neglect under the Local Government Code. “His case will be referred to the Department of the Interior and Local Government (DILG) for appropriate proceedings,” he said. Four policemen are also facing administrative charges for the hostage fiasco. The President also referred to the National Police Commission for the filing of charges against Chief Superintendent Rodolfo Magtibay, former MPD director, for gross incompetence and serious neglect of duty; Director Leocadio Santiago Jr., National Capital Regional Police Office (NCRPO) director, for less grave neglect of duty; Supt. Orlando Yebra for neglect of duty, and Chief Inspector Santiago Pascual III for gross incompetence, all violations of the PNP Uniform Rules.

The Palace legal team effectively rejected the IIRC recommendations to file criminal charges against Lim and Magtibay but claimed both officials should face administrative sanctions.

As for Ombudsman Merceditas Gutierrez, the President referred the possible administrative violations to the House of Representatives for appropriate action. Ochoa said the President’s action suggests he favors the filing of impeachment complaint against Gutierrez after a one-year ban expires next year.

The Office of the President will also conduct administrative proceedings and investigation of Deputy Ombudsman Emilio Gonzales III for neglect of duty and/or inefficiency in the performance of official duty as well as gross misconduct.

The President, meantime, absolved Puno, his close friend, of any culpability for the bungled handling of the hostage incident, insisting he did not violate any law. The Palace review noted that there is no basis to file any administrative or criminal complaint against Puno, contrary to the IIRC recommendation that he be sanctioned for gross negligence.

No administrative or criminal offense was recommended against Verzosa because he did not violate any law during the hostage crisis, according to the President. The IIRC earlier recommended that Verzosa should be charged for less grave neglect of duty for leaving Manila during the hostage drama. The Palace team, however, pointed out that Verzosa’s decision to leave management of the incident to Magtibay was consistent with the Crisis Management Manual that says a crisis should be handled to the lowest level.

Vice Mayor Moreno also escaped any administrative or criminal charges for the hostage incident. The President said the participation of Moreno was limited to being the liaison between the negotiators and the Office of the Ombudsman. “It does not appear that he was officially one of the decision-makers of the Crisis Management Committee and hence, it is not clear if he had any obligation to remain in the Luneta,” the Palace legal team said.

In the case of media, the President withheld any criminal sanctions against journalists Erwin Tulfo and Mike Rogas, Jake Maderazo and three major media networks and instead left to media watchdogs to deal with them. He claimed the actions of Tulfo and Rogas were “irresponsible bordering on the criminal.”

“We expect this kind of unprofessional behavior not to be repeated again, or we could be compelled to ask Congress for appropriate regulations to protect the safety of the public, our security forces and media itself,” he said.

The President said he already “admonished” Interior and Local Government Secretary Jesse Robredo and Puno for their poor performance and placed them under review.

Apart from the filing of appropriate charges against persons involved in the hostage incident, the President also revealed several steps to improve the government’s capability to respond to future crises.

He said they are redrafting a 10-year-old Malacañang crisis manual “to make it more responsive to not only hostage situations but other crises we may face in the future.”

A presidential situation room has also been established to ensure a more coordinated and swift government action during crisis situations.

“We’re also in the process of reviewing the capabilities of our security forces to see what may be done with regard to training and procurement of equipment,” he said.

The recommendations of the IIRC and the review by the Palace legal team were posted on the Official Gazette website as ordered by the President.

The President said he would consult with the Department of Foreign Affairs on the departure date of the Philippine delegation to China. The team is expected to deliver the President’s action plan and the IIRC report to authorities in Hong Kong and China.

IIRC position upheld
While the Palace review differed from the recommendation of the IIRC as to the degree of liability of the personalities involved, the committee noted that the findings of facts remain unchanged in the review process and its recommendations were substantially adopted by the President’s legal team.

“The IIRC, however, noted that the findings of facts remain unchanged in the review process and its recommendations substantially adopted, indicating that the IIRC position was well-considered and respected. As such, the IIRC fully respects the Palace review process,” said the IIRC, headed by Justice Secretary Leila de Lima, in a statement on Monday.

The committee believes that in the review of the Report, the President exercised his executive prerogative judiciously.

When the IIRC submitted its Report, it was with full knowledge that the President was not bound to adopt the recommendations en toto.

De Lima said that as an alter ego of the President, she can only defer to the judgment of the Chief Executive.

Moreno thankful
Vice Mayor expressed gratitude after he was cleared of any administrative or criminal liability in the hostage fiasco.

Moreno reiterated he did not regret his role during that fateful day.

However, he still feels bad that De Lima failed to mention his contributions, but instead focused on finding faults.

Moreno was also saddened that Mayor Lim was recommended for administrative charges.

Jeamma Sabate & Nicole Czarina Ong, Manila Bulletin